1. PROVIDER AND CONTACT INFORMATION
1.1. Data about our company ("Provider“):
Business name: GoScooters s. r. o.
Residence: Mlynské nivy 56, 821 05 Bratislava – Ružinov district
ID number: 54 122 856
TIN: 2121582639
VAT number: SK2121582639
Registration: Business Register of the Municipal Court Bratislava III, section: Sro, insert
number: 159113/B
1.2. The provider operates in the field of renting classic or electric scooters and bicycles through its mobile
application "SVÍŠT".
1.3. You can contact the provider in one of the following ways:
a) through the relevant window in the "SVÍŠT" Mobile Application;
b) by e-mail at info@svist.sk;
c) by phone at the Provider's customer service number +421 949 485 798.
2. DEFINITIONS OF TERMS AND RULES OF INTERPRETATION
2.1. For the purposes of these Terms and Conditions, the terms below have the following meanings:
a) Business conditions – these General Terms and Conditions of the "SVÍŠT" mobile application;
b) Provider – Provider of Services and Mobile Application mentioned in Art. 1 of these Terms and
Conditions. The Provider is a legal entity registered in the Commercial Register, which is in relation to
the User in the position of a supplier within the meaning of para. § 52 par. 3 of the Civil Code;
c) User – user of the Mobile Application and/or Services. Users are understood exclusively as
consumers within the meaning of sec. § 52 par. 4 of the Civil Code. In accordance with the previous
sentence, a consumer is understood as a natural person who, when concluding and fulfilling a
contract in accordance with these Terms and Conditions, does not act within the scope of his
business activity or other business activity. At the same time, only a person over the age of eighteen
(18) can be a User;
d) Web page - website www.svist.sk operated by the Provider;
e) Mobile application - Provider's application "SVÍŠT", available at https://svist.sk/#app, or through
the digital distribution platforms App Store and Google Play. The mobile app is available on Android
and Apple mobile devices with the latest software updates;
f) Services - all services offered by the Provider in the Mobile Application and available to the User.
These Services mainly include the rental and use of the Provider's Vehicles and other related
services required for recharging, maintenance, pick-up of the Vehicles, which are available to the
User in the Mobile Application. The Services may consist of other related tools, support and services,
to which the Provider may also enable access from the Website, the Provider's page on Facebook or
Instagram, the offer of online or telephone support, or any other access point that will be provided
to the User in connection with the provision of the Services. . The scope of the Services, as well as
their geographic availability, may change from time to time, especially with regard to the Available
Territory;
g) Price list - Provider's price list for Services, available in the Mobile Application and on the Website;
h) Vehicles - vehicles that the Provider provides for rent to the User through the Mobile Application.
These primarily include scooters and bicycles, which can be either classic (i.e. human-powered) or
electric. The range of available Vehicles may change from time to time, especially with regard to the
Available Territory;
i) Account – user Account in the Mobile Application through which the User has access to the
Services;
j) User Content - any text, images or information that the User or any other person using the Mobile
Application or Website adds and/or provides to the Provider within the interface of the Mobile
Application, Website or any other contact point of the Provider in connection with the provision of
Services;
k) Available Territory – a defined territory in a certain area or municipality where the Vehicles and
Services are available. The Provider provides Services only on the territory of the Slovak Republic,
and only within the Available Territory. Based on the detected location of the User, there may be
restrictions on the provision of Services. The User can check the available Territory through the
virtual map in the Mobile Application. It should be taken into account that in some cases, inaccurate
determination of the position by the GPS signal may cause deviations in the determination of the
location of the Available Territory;
l) Permitted Parking Space - permitted parking space according to generally binding legal regulations,
especially with regard to legal regulations and instructions issued by the local government with
regard to the type of Vehicle. Permitted Parking Spaces are displayed in virtual form in the Mobile
Application interface. It should be taken into account that in some cases, inaccurate determination
of the location by the GPS signal may cause deviations in the determination of the location of the
Permitted Parking Space. When parking the Vehicle, the User is obliged to verify on the spot
whether it is a Permitted Parking Space.
m) Driving rules – Driving rules govern the conditions for driving and operating Vehicles, especially with
regard to the safety of the User and his surroundings, road traffic and compliance with the relevant
regulations relating to driving Vehicles. Driving rules are listed in Appendix no. 1 to these Terms and
Conditions and form an integral part thereof;
n) Return policy – Complaints procedure mentioned in Art. 16 of these Terms and Conditions, which
applies to the handling of complaints about Services;
o) Civil Code - Act. no. 40/1964 Coll. Civil Code as amended;
p) Consumer Protection Act - Act. no. 250/2007 Coll. on consumer protection and on the amendment
of Act of the Slovak National Council No. 372/1990 Coll. on offenses as amended;
q) Law no. 102/2014 Coll. - Act no. 102/2014 Coll. on consumer protection when selling goods or
providing services on the basis of a contract concluded at a distance or a contract concluded outside
the seller's premises and on the amendment of certain laws as amended;
r) Copyright - Act. no. 185/2015 Coll. Copyright Act as amended;
s) Personal Data Protection Act - Act. no. 18/2018 Coll. on the protection of personal data and on the
amendment of certain laws, as amended;
t) GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on
the protection of natural persons with the processing of personal data and on the free movement of
such data, which repeals Directive 95/46/EC (General Data Protection Regulation);
u) ARSS - Act. no. 391/2015 Coll. on alternative resolution of consumer disputes, as amended;
v) RSO – An online dispute resolution platform, available on the website
http://ec.europa.eu/consumers/odr/;
w) SOI or Supervisory Authority - SOI Inspectorate for the Bratislava Region, Department of
Supervision, referred to in Art. 19 of these Terms and Conditions.
2.2. Terms indicated with a capital initial letter and terms defined in the legal regulations of the Slovak
Republic or legal acts of the European Union have the same meaning when they are used in these Terms
and Conditions. In case of different definitions, the definition given in these Terms and Conditions shall
prevail.
2.3. Capitalized terms have the same meaning throughout the Terms and Conditions, while their meaning is
preserved even if they are used in a different grammatical or verbal form, or are used with a small initial
letter if it is clear from the context that it is a defined term.
2.4. Words listed:
a) only in the singular they also include the plural and vice versa;
b) in one genus they also include another genus;
c) only as persons they include firms and companies and vice versa.
2.5. Any reference to the legislation of the Slovak Republic or legal acts of the European Union also refers to
any change thereof, i.e. j. the regulation or act in its valid wording is always used.
2.6. Headings serve only for greater clarity of the Terms and Conditions and have no meaning in the
interpretation of these Terms and Conditions.
2.7. The original and legally binding text of these Terms and Conditions is written in the Slovak language. In
the event that any other language version of these Terms and Conditions is drawn up, the decisive
version is always the version in the Slovak language.
3. GENERAL PROVISIONS
3.1. These Terms and Conditions regulate the rights and obligations between the Provider as the operator of
the Mobile Application and the Service provider on the one hand, and the User of these Services and the
Mobile Application on the other.
3.2. The business conditions regulate every use of the Service within the Mobile Application, but also the
Services that the User accesses from the Website, the Provider's page on Facebook, Instagram, or
another social network, the offer of online or telephone support, or any other access point that the User
will have in in connection with the provision of Services provided.
3.3. Before using the "SŠIŠT" Mobile Application and/or using the Services, the User is obliged to carefully
read these Terms and Conditions. Among other things, they determine how the Provider will provide its
Services, how to register in the Mobile Application and create your Account, how to start and stop
driving the Vehicle, what to do in case of any problem and other important information.
3.4. The Mobile Application is an author's work within the meaning of the Copyright Act, to which the
Provider exercises all property rights in its name and on its account exclusively. The scope of usage rights
to the Mobile Application and the conditions of its use by Users are determined by these Terms and
Conditions.
3.5. These Terms and Conditions come into force on the day of their publication in the Mobile Application.
3.6. The Provider and the User hereby agree that communication between them will be carried out mainly
through the Mobile Application.
4. CONTRACTUAL RELATIONSHIP BETWEEN PROVIDER AND USER
4.1. These Terms and Conditions apply to the following contractual relationships between the Provider and
the User:
a) Agreement on the use of the Mobile Application, concluded in accordance with section § 51 of the
Civil Code; a
b) Vehicle rental agreement, concluded in accordance with section § 663 et seq. of the Civil Code.
4.2. The contract for the use of the Mobile Application is created by the creation of a User Account in the
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Mobile Application and lasts for the entire time that this Account is active (i.e. until it is canceled and
removed), unless these Terms and Conditions provide otherwise.
4.3. The Vehicle Rental Agreement applies to individual Vehicle rentals within the Mobile Application and is
created upon starting a drive in accordance with clause 10.8 of these Terms and Conditions. This
contract also includes other related Services required for recharging, maintenance, pick-up of Vehicles,
which are available to the User in the Mobile Application. Please note that the Agreement on the use of
the Mobile Application does not in itself establish the right to conclude a Vehicle Rental Agreement.
4.4. The contracts mentioned in the previous point are consumer contracts in accordance with para. § 52 of
the Civil Code. At the same time, these are contracts concluded at a distance in accordance with para. §
2 par. 1 Act. no. 102/2014 Coll.
4.5. The details of both contracts, including the moment of their conclusion, subject matter, specification of
performance and terms of termination, are determined by these Terms and Conditions.
5. CREATION OF AN ACCOUNT IN THE MOBILE APPLICATION AND CONCLUSION OF AN AGREEMENT ON
THE USE OF THE MOBILE APPLICATION
5.1. To use the Services, you need to install the Mobile Application and create your user Account.
5.2. Each person interested in using the Mobile Application can create only one Account.
5.3. In order for the User to be able to use the Mobile Application, he must have a mobile phone with a web
interface that meets the technical requirements of the Mobile Application. Each time the Mobile
Application is downloaded, it is automatically checked whether the user's mobile phone meets these
requirements.
5.4. The user is responsible for ensuring that mobile data communication is possible and bears all fees
charged by his mobile service provider in connection with data transmission.
5.5. Creating an Account and establishing a contractual relationship with the Provider is not enforceable
against the Provider. The Provider may refuse the creation of an Account to the interested party without
giving a reason, or also due to the unavailability or non-functionality of the Service; or if he reasonably
believes that the User will not comply with these Terms and Conditions; or if he is unable to ensure the
operation of the Service to the User within the agreed period or price; or even if the User does not agree
on alternative payment.
5.6. By creating an Account, you agree to these Terms and Conditions.
5.7. An account can be created in the following way:
a) by logging into the Mobile Application using an already created Google account or Apple ID; or
b) by entering your mobile number in the Mobile Application, which will be linked to the User Account
upon successful registration;
5.8. For the purpose of double verification, the person interested in creating an Account may subsequently
be sent a verification password via SMS, which must be entered in the relevant registration line.
5.9. After successful verification of the applicant, the applicant will be asked to completely and accurately fill
in the basic and necessary information for the proper creation of the Account, including name, surname,
email address, telephone number and confirmation of the age of the applicant. The interested party is
obliged to provide all mandatory data to create an Account, correctly, accurately and truthfully.
5.10. If the Provider discovers that the mandatory data was not properly and completely provided when
creating the Account (for example, incorrect, false or outdated data), the Provider will refuse to create
the Account. In such a case, the interested party is obliged to fill in and send correct and complete data
again to create an Account.
5.11. After properly and completely filling out and sending the mandatory data, the interested party will be
notified in the Mobile Application about the creation of an Account. By clicking on the appropriate button ("continue" / "continue") in this notification, the Agreement on the use of the Mobile Application
is concluded and the interested party is allowed access to the Mobile Application interface and its
functionalities.
5.12. Based on the User's agreement with these Terms and Conditions, the Provider grants the User a limited,
non-exclusive, non-sublicensable, revocable and non-transferable license to access the Mobile
Application and use it on the User's device, exclusively in connection with the User's use of the Services.
6. USING THE ACCOUNT IN THE MOBILE APPLICATION
6.1. The user is responsible for the correctness and up-to-dateness of his data in the Account and,
accordingly, is obliged to update them as necessary. This applies in particular to his name, surname,
e-mail address, telephone number and payment details.
6.2. The User is responsible for access to his Account, for its control and security, and in particular for:
a) login information, including the Account password;
b) all activities carried out in the Account, such as, in particular, but not exclusively, activation
(unlocking), use, deactivation (completion of driving), and proper parking of Vehicles in accordance
with these Business Terms and Conditions, or in the Permitted Parking Place, as well as for any
failures during execution of the listed activities, with the exception of reporting that the Account has
been misused in accordance with the following point of these Terms and Conditions.
6.3. If the User discovers that there has been unauthorized access to his Account or its unauthorized use, or
to the loss of control over his Account, he is obliged to immediately inform the Provider about this fact.
Without this, the Provider assumes that the Account is used by an authorized person.
6.4. If the interface of the Mobile Application, Website or any other point of contact of the Provider in
connection with the provision of Services allows it and is intended for it, the User is entitled to provide
or add Content to the Provider through these contact points of the Users.
6.5. User Content must comply with these Terms and Conditions and generally binding legal regulations.
6.6. The Provider does not claim ownership of the User Content, and this right remains with the User and any
third parties whose content is linked to the User Content.
6.7. By providing the User Content to the Provider, the User grants the Provider a worldwide, non-exclusive,
free and perpetual license to use, copy, reproduce, distribute, adapt, reformat, modify, publish,
translate, grant a license, grant a sublicense and use the User Content anywhere and in any form for the
purposes of providing Services (including possibly allowing other Users to view the User's Content).
6.8. If the User's Content includes any content owned by third parties, the User is obliged to ensure that the
Provider can be granted the aforementioned license for such content.
6.9. The Provider is obliged to ensure that the use of User Content by the Provider does not in any way
interfere with the User's right to privacy.
6.10. The Provider has the right to monitor any User Content and refuse or delete User Content if it believes
that it violates these Terms of Business.
6.11. When using the Mobile Application, the User may not:
a) circumvent the security functions of the Mobile Application, interfere with them or otherwise
interfere with them;
b) enable another person to use the Mobile Application on behalf of the User;
c) use the Mobile Application if access to the Account has been temporarily blocked or if the Account
has been deactivated by the Provider;
d) defend, or promote or engage in any unlawful or illegal conduct or conduct that may result in
damage to property or injury to any person;
e) edit, cancel, or change the Mobile Application, interfere with it, or penetrate its code;
f) Knowingly abuse the Mobile Application by introducing viruses, Trojan horses, worms, logic bombs
or other material that would damage the Mobile Application or any of its users;
g) collect data from the Mobile Application in violation of these Terms of Business;
h) provide or submit User Content that contains nudity or violence or is offensive, threatening,
obscene, misleading, false or aggressive;
i) provide or send User Content that the User does not own or has the right to use, or that would
otherwise infringe the copyrights, trademarks or other rights of third parties;
j) use User Content in violation of the license terms established by the owner;
k) provide or send any information or comments about another person without their consent;
l) threaten, abuse or invade the privacy of others or cause inconvenience or trouble, cause fear,
anxiety, embarrassment or alarm or otherwise harass others;
m) use automated systems, including any "robots", "spiders" or "off-line readers", to access the Mobile
Application in a manner that sends a greater number of messages to the Mobile Application than a
human can reasonably create at the same time; or
n) perform other actions that are considered inappropriate use of the Mobile Application.
6.12. The Provider may update the Mobile Application from time to time, especially for the purpose of
improving the quality of the Services.
6.13. We try to eliminate any errors in the Mobile Application as soon as possible, but you hereby
acknowledge that the functionality of the Mobile Application may occasionally be limited for technical
reasons and it is not always possible to guarantee the continuous, unlimited and error-free operation of
the Mobile Application. We bear no responsibility for damages that arise as a result of non-functionality
or incorrect operation of the Mobile Application.
7. TEMPORARY BLOCKING OF ACCESS TO THE ACCOUNT
7.1. The Provider may temporarily block the User's access to the Account in the following cases:
a) if data important for the performance of the contract are not correctly entered in the Account;
b) if the User is in arrears with payments for fees within the meaning of these Terms and Conditions
and the Price List despite a previous reminder;
c) if the User commits other serious violations of these Terms and Conditions and/or generally binding
legal regulations, court decisions, law enforcement agencies or other state administration bodies or
other public administration bodies;
d) if the User loses the mobile phone that is connected to his Account, or if someone steals this mobile
phone, or if in any other way third parties are allowed to use the Account without authorization.
7.2. The Provider will unblock the Account without undue delay after the reason for the blocking has
disappeared.
7.3. The Provider may prevent further use of the Vehicles if the User repeatedly violates these Terms and
Conditions even after being notified of such violation by the Provider.
8. CANCELLATION OF THE MOBILE APPLICATION ACCOUNT AND TERMINATION OF THE AGREEMENT FOR
THE USE OF THE MOBILE APPLICATION
8.1. Cancellation of the User Account in the Mobile Application terminates the Agreement on the use of the
Mobile Application.
8.2. At any time after creating an Account, the User can request its cancellation and deletion through the
Mobile Application in the Profile section by clicking on the Delete Account button. If, for technical
reasons, it is not possible to request the cancellation and deletion of the Account via the Mobile
Application, the User may request the Provider via e-mail to the customer support address info@svist.sk.
8.3. The Provider is entitled to cancel the User's Account in the following cases:
a) if the User repeatedly fails to pay the due fees to the Provider, despite the fact that the Provider has
warned of such cases of non-performance;
b) if the User provides incorrect information or conceals facts during the process of creating an
Account, or during the contractual relationship with the Provider, in such a way that it would be
unreasonable to expect the Provider to continue the contractual relationship;
c) if important data for the performance of the contract are not correctly entered in the Account;
d) if the User does not stop violating these Terms and Conditions, despite having been notified of such
a violation by the Provider, or if he does not remove the existing consequences of such violations
within a reasonable period of time;
e) if the User drives the Vehicle under the influence of alcohol or drugs;
f) if the User makes his login data available to his Account to another person;
g) if the User tries to use the Mobile Application in violation of the license conditions set by the
Provider, especially if he manipulates or copies the Mobile Application in an inappropriate way.
8.4. The cancellation and removal of the Account takes place at the moment of confirmation of the
cancellation or removal by the Provider. This moment simultaneously terminates the Agreement on the
use of the Mobile Application.
9. ACCESS TO THE SERVICES, THEIR USE AND CONCLUSION OF THE VEHICLE RENTAL AGREEMENT
9.1. The user is entitled to use the Services subject to the simultaneous fulfillment of the following
conditions:
a) has a properly created and active Account;
b) is at least eighteen (18) years old and meets all requirements established by generally binding legal
regulations relating to the driving of Vehicles, including the legal regulations of the local government
in which the Vehicle is to be used by the User;
c) is physically fit to use the Vehicle and has the necessary skills and knowledge to safely and
competently use, operate and drive the Vehicle;
d) The User linked his Account with a valid credit or debit card, or chose another payment method
supported by the Mobile Application. The user can do so directly in the Mobile Application interface.
9.2. Services available through the Mobile Application are only accessible with an Internet connection. There
are no individual technical requirements for the Internet connection, but the quality of the Service may
be affected by the Internet speed.
9.3. The Provider is entitled to send text messages (SMS), push notifications and e-mail messages to the User
in connection with the provision of Services.
9.4. The Vehicle rental service depends on the availability and range of Vehicles provided. The User can rent
only those Vehicles that are marked as available in the Mobile Application.
9.5. Vehicles are only available in the Accessible Territory. It should be taken into account that in some cases,
the inaccurate determination of the position by the GPS signal may cause deviations in determining the
position of the User and/or the Vehicle.
9.6. Before selecting a Vehicle, clicking on a specific Vehicle in the Mobile Application will display a panel
with basic information, including the price for unlocking the Vehicle, the minute rate, the maximum
speed and the Vehicle's battery status (if the Vehicle has a battery).
9.7. To unlock the Vehicle, it is necessary for the User to pair the desired Vehicle in their Mobile Application,
either:
a) by scanning the QR code placed on a specific Vehicle; or
b) by writing the numerical code located on a specific Vehicle in the appropriate line in the Mobile Application.
9.8. Carrying out any of the activities mentioned in the letter. a) or b) of the previous point of the Terms and
Conditions is considered a binding offer by the User to conclude a Vehicle rental contract. The Provider
accepts this offer by releasing the Vehicle for use by the User, thereby concluding the Vehicle Rental
Agreement for the given trip.
9.9. The Mobile Application also allows the User to reserve a Vehicle if the User is located at least 1.5 km
from the desired Vehicle. The vehicle can be reserved for a maximum of thirty (30) minutes, i.e. no more
than thirty (30) minutes may elapse from the moment the reservation is made to the start of the ride.
After the specified reservation time has expired, the Provider is entitled to cancel the reservation. The
reservation may be charged in accordance with the Price List. The user can make a reservation a
maximum of three times (3x) during one calendar day.
9.10. The Vehicle rental period begins when the User unlocks the Vehicle for use and ends when the ride is
completed, which occurs when the User clicks on the button "Complete the ride" (or on a similar button
in the Mobile Application), unless otherwise stated in these Terms and Conditions.
9.11. The User is obliged to inform the Provider in advance of any defects or damage to the Vehicle that he
becomes aware of before starting the ride (e.g. frame damage, worn tires, etc.). If such defects appear to
be clearly capable of disrupting traffic safety or the general functionality of the Vehicle, the User may not
use the Vehicle.
9.12. If the Provider discovers any serious malfunctions during the use of the Vehicle by a given User, he is
entitled to contact this User by phone at the number listed in his Account for this purpose.
9.13. During the duration of the trip under the Vehicle Rental Agreement for the given trip, the User is
responsible for having read and understood:
a) these Terms and Conditions, in particular point 10.1 establishing the basic conditions for the use of
the Services by the User;
b) all requirements established by generally binding legal regulations relating to the driving of Vehicles,
including the legal regulations of the local government in which the Vehicle is to be used;
c) The driving rules listed in Appendix no. 1 of these Terms and Conditions;
d) any other instructions, manuals and instructions provided in the Mobile Application.
9.14. The vehicle is the property of the Provider. The User may not dispose of the Vehicle in a way other than
permitted, in particular, may not disassemble, modify, repair, damage it in any way, or to destroy. The
User may also not leave the Vehicle unattended during the rental period.
9.15. The User assumes full responsibility for the care of the Vehicle during the rental period and for returning
it to the Permitted Parking Space in the same condition as when it was taken over at the beginning of the
rental.
9.16. Completion of the trip, and thus of the specific rental, is only possible if the Vehicle is located within the
Permitted Parking Space and outside the zone where parking of Vehicles is prohibited.
9.17. Please note that completing the ride is not possible without an internet connection. In the event that the
User does not have an Internet connection at that location, he will have to move the Vehicle to another
suitable location where he has an Internet connection.
9.18. If, for technical reasons, the User cannot end the ride via the Mobile Application, the User must notify
the Provider of this fact without undue delay so that he can take further steps to end the rental.
9.19. After completing the ride and thus ending the rental, the User will be shown an information panel in the
Mobile Application about the completed ride with data on the total rental period and the fee for the
given ride.
9.20. If the electric Vehicle runs out of power during the rental period, the User must stop driving in
accordance with the instructions in the Mobile Application and these Terms and Conditions and park it in
the Permitted Parking Space.
9.21. The User is not authorized to allow another person to use the Vehicle that he has unlocked himself.
9.22. By sending a binding offer to rent a Vehicle, its reservation, or any other binding offer for any Service
within the meaning of these Terms and Conditions, the User gives consent to start providing the Service
and loses the right to withdraw from the Vehicle Rental Agreement. The User cannot withdraw from the
contract, the subject of which is the provision of the Service, if its provision began with the express
consent of the User and the User declared that he was properly informed that by expressing this
consent, he loses the right to withdraw from the contract after the full provision of the Service, if full
provision of the Service.
9.23. The Provider is entitled to withdraw from the Vehicle rental Agreement due to the unavailability of the
Services, or for reasons of force majeure, or if, even after making all the efforts that can be fairly
required of the Provider, the Provider is unable to provide the Service to the User within a reasonable
period of time or at a price that is listed in the Price List. The Provider is obliged to immediately inform
the User of this fact and return the already paid payment for the Service within fourteen (14) days from
the notification of withdrawal from the contract, by transfer to the bank account specified by the User in
his Account.
9.24. The Provider and the User agree that if the Price List sets a maximum fee for one trip, and the User
reaches this fee within the scope of his one trip, the trip is terminated and thus the specific Vehicle
Rental Agreement is terminated. If the User is interested in continuing to use the Vehicle, he must make
another drive through the Mobile Application, which leads to the conclusion of a new Vehicle rental
Agreement.
9.25. Failure to comply with the Driving Rules or safety measures for the permitted use of Vehicles constitutes
a material violation of these Terms and Conditions and may lead to:
a) temporary blocking of the User's access to the Account or any other application of the Provider or
refusal and/or cessation of the provision of Services by the Provider;
b) immediate, temporary or permanent removal of User Content;
c) sending a notification;
d) taking legal action against the User, including demanding reimbursement of all costs (such as, among
other things, reasonable administrative and legal costs) incurred in connection with the violation in
question; a
e) providing this information to law enforcement authorities.
10. ACCIDENT PROCEDURE
10.1. In connection with the use of the Services, the User is obliged to report any accidents, damage, personal
injury, theft or loss of the Vehicle to the Provider without undue delay.
10.2. After an accident, the User must inform the police without undue delay and ensure that the police
officially register the accident, if this is required in terms of generally binding legal regulations.
10.3. If the police refuse to make a record of the accident or if it is not possible for some other reason, the
User will notify the Provider of this fact without undue delay and will coordinate the next procedure with
him. This applies regardless of whether the accident was caused by the User himself or by a third party.
10.4. The user may not leave the scene of the accident until:
a) the police do not complete the accident report (or, if the police cannot make an accident report until
the User reports the accident to the Provider and complies with its reasonable instructions); a
b) shall properly carry out all measures to secure evidence or mitigate damages that were agreed with
the Provider.
10.5. The user is obliged to provide true information about the accident, especially about the place of its
occurrence.
10.6. Vehicles are covered by liability insurance. The User is prohibited from acknowledging or paying for any
damage covered by liability insurance without the prior consent of the Provider.
11. USER RESPONSIBILITY
11.1. The User acknowledges and agrees that his use of the Services, Vehicles and related accessories is at his
sole and personal risk and that the Provider shall not be liable for any consequences, claims, demands,
lawsuits, losses, liabilities, damages, injuries, fees, costs and expenses, fines, legal fees or damages of
any kind, whether foreseeable or unforeseeable and whether known or unknown, which the User or
third parties may suffer in connection with the User's use of the Services. The user acknowledges all
such risks and understands that:
a) driving the Vehicles involves a number of obvious and less obvious risks, dangers and threats that
may result in injury or death to the User or others, as well as property damage, and that such risks,
dangers and threats cannot always be predicted or prevented ; a
b) A vehicle is a machine that can fail, even when properly maintained, and such failure can result in
injury; a
c) the maximum load limit of the Vehicle is 100 kg, unless otherwise stated directly on the Vehicle.
d) wearing a helmet or other protective equipment and strictly following the Driving Rules and these
Terms and Conditions is necessary to reduce the risk of injury to the User and the risk of injuring or
harming other persons;
11.2. If the User's use of any Service results in injury to another person or damage to property, the User will
be responsible for all consequences, claims, demands, lawsuits, losses, liabilities, damages, injuries, fees,
costs and expenses, fines, legal fees, court disputes or damages of any kind, whether foreseeable or
unforeseeable, whether known or unknown.
11.3. In the event that, as a result of the User's actions, the Provider will have to comply with the claims of
third parties, the User will be solely responsible for this, while the User undertakes to indemnify the
Provider for all damages incurred in connection with such third party claims.
11.4. The User is responsible for all violations of road traffic regulations, public order regulations and other
legal provisions for which he is responsible in connection with the use of the Vehicle. The User is further
responsible for all resulting fines, fees and costs and must indemnify the Provider in connection with any
resulting third party claims. For the avoidance of doubt, the User shall not be liable in the event that
such fines, fees, costs or claims arise from its use of the defective Vehicle, provided that such use is in
accordance with these Terms and Conditions.
11.5. The User is not liable to the extent that the Provider is compensated for the damage by the insurer, and
no recourse claim against the Provider will be asserted.
11.6. The User is responsible for any fines, fees, damages or any other charges incurred by the Provider, if
these result from the use of any Vehicle by the User, including the User parking the Vehicle incorrectly
(e.g. outside of a Permitted Parking Space). The Provider is entitled to pay all fines, fees and damages
that have been imposed on him directly or that have been delivered to him on behalf of the User,
thereby giving him the right to reimbursement of these amounts by the User. In such a case, the Provider
is entitled to demand an appropriate administrative fee from the User, up to the amount of EUR 30
(thirty euros and zero euro cents, in other words).
11.7. The Provider is further authorized to charge the User the following fees for the Vehicle unlocked through
the User's Account:
a) pick-up fee up to EUR 100 (one hundred euro and zero euro cents in words), if the Vehicle is parked
outside the Permitted Parking Place. This amount consists of the Provider's costs for picking up the
Vehicle and related damages;
b) a fee in the amount of the costs necessary to repair or replace the Vehicle and its accessories in the
event that the Vehicle appears damaged beyond normal wear and tear, is in a state of breakdown or
is intentionally destroyed;
c) a fee for the loss of the Vehicle up to EUR 120 (in words, one hundred and twenty euros and zero
euro cents), in the event that the Vehicle is lost without notification to the Provider. This amount
consists of the costs of searching for the Vehicle and related fees until the time the vehicle is found,
as well as the maximum driving fees indicated in the Mobile Application, depending on the time
required to find the Vehicle, as well as the Provider's other collection costs and related damages;
d) a fee of up to EUR 500 (in words five hundred euros and zero euro cents), in the event that the
Vehicle is not found or returned (e.g. the drive is completed and the Vehicle is parked) within
forty-eight (48) hours. In such a case, the Provider may, at its sole discretion, consider the Vehicle as
lost or stolen and report the incident to the police;
e) a fee for incorrect parking up to EUR 10 (in words ten euros and zero euro cents), if the Vehicle is not
parked in accordance with the Driving Rules or if it is not documented by a clear photo at the end of
the trip, which shows that it is Vehicle properly parked. The User agrees that improper parking or
failure to take a clear photo of the Vehicle at the end of the journey constitutes a violation of these
Terms and Conditions and declares that the imposition of a fee in the sense of this letter of the
Terms and Conditions is a reasonable and necessary measure to ensure the proper use of parking
areas, public spaces and the safety and comfort of persons , which use these spaces.